The planned lawsuit against the gay high school in NYC is now official. But according to some legal experts, separating students based on sexual orientation is legal. Steven Goldberg, a professor of education law at Arcadia University, said that a state government's obligation to provide a public education doesn't prohibit it from implementing group-specific education. "Because blacks are protected under the equal protection clause of the 14th Amendment, to single black students out — even for their own benefit — is clearly unconstitutional," Goldberg said. On the other hand, Goldberg said, separating gay students can be legally justified in the same way that special-education classes, gifted classes and before-school prayer groups are justified. "Ironically, because [gays] don’t have equal protection under the Constitution, there's nothing wrong [with] segregating them legally, particularly if they're doing it voluntarily," Goldberg said.

If that is correct under existing law - you can segregate gays but not blacks - I'd expect that law will get changed as a result of this lawsuit.

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